659A.006, it has long been the public policy of this state that discrimination against any of the citizens of this state is a matter of state concern that threatens not only the rights and privileges

659A.006, it has long been the public policy of this state that discrimination against any of the citizens of this state is a matter of state concern that threatens not only the rights and privileges of the state�s inhabitants but menaces the institutions and foundation of a free democratic state. These fundamental principles are integral to Oregon�s constitutional form of government, to its guarantees of political and civil rights and to the continued vitality of political and civil society in this state.

����� (2) The ability to enter into a committed, long-term relationship with another individual that is recognized not only by friends and family, but also by the laws of this state, is a significant and fundamental ability afforded to opposite-sex couples by the marriage laws of this state. Legal recognition of marriage by the state is the primary and, in a number of instances, the exclusive source of numerous rights, benefits and responsibilities available to married individuals under Oregon law. Marriage is limited to the union of one man and one woman by section 5a, Article XV of the Oregon Constitution.

����� (3) Many gay and lesbian Oregonians have formed lasting, committed, caring and faithful relationships with individuals of the same sex, despite long-standing social and economic discrimination. These couples live together, participate in their communities together and often raise children and care for family members together, just as do couples who are married under Oregon law. Without the ability to obtain some form of legal status for their relationships, same-sex couples face numerous obstacles and hardships in attempting to secure rights, benefits and responsibilities for themselves and their children. Many of the rights, benefits and responsibilities that the families of married couples take for granted cannot be obtained in any way other than through state recognition of committed same-sex partnerships.

����� (4) This state has a strong interest in promoting stable and lasting families, including the families of same-sex couples and their children. All Oregon families should be provided with the opportunity to obtain necessary legal protections and status and the ability to achieve their fullest potential.

����� (5) ORS 106.300 to 106.340 are intended to better align Oregon law with the values embodied in the Constitution and public policy of this state, and to further the state�s interest in the promotion of stable and lasting families, by extending benefits, protections and responsibilities to committed same-sex partners and their children that are comparable to those provided to married individuals and their children by the laws of this state.

����� (6) The establishment of a domestic partnership system will provide legal recognition to same-sex relationships, thereby ensuring more equal treatment of gays and lesbians and their families under Oregon law.

����� (7) The Legislative Assembly recognizes that the Oregon Constitution limits marriage to the union of one man and one woman. The Legislative Assembly does not seek to alter this definition of marriage in any way through the Oregon Family Fairness Act and recognizes that the Legislative Assembly cannot bestow the status of marriage on partners in a domestic partnership. The Legislative Assembly recognizes that numerous distinctions will exist between these two legally recognized relationships. The Legislative Assembly recognizes that the legal recognition of domestic partnerships under the laws of this state may not be effective beyond the borders of this state and cannot impact restrictions contained in federal law.

����� (8) ORS 106.300 to 106.340 do not require the performance of any solemnization ceremony to enter into a binding domestic partnership contract. It is left to the dictates and conscience of partners entering into a domestic partnership to determine whether to seek a ceremony or blessing over the domestic partnership and to the dictates of each religious faith to determine whether to offer or permit a ceremony or blessing of domestic partnerships. Providing recognition to same-sex partnerships through a domestic partnership system in no way interferes with the right of each religious faith to choose freely to whom to grant the religious status, sacrament or blessing of marriage under the rules or practices of that faith. [2007 c.99 �2]

����� Note: See note under 106.300.

����� 106.310 Definitions for ORS 106.300 to 106.340. As used in ORS 106.300 to 106.340 (Oregon Family Fairness Act):

����� (1) �Domestic partnership� means a civil contract described in ORS 106.300 to 106.340 entered into in person between two individuals who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.

����� (2) �Partner� means an individual joined in a domestic partnership. [2007 c.99 �3; 2009 c.561 �1; 2023 c.20 �1]

����� Note: See note under 106.300.

����� 106.315 Prohibited and void domestic partnerships. (1) A domestic partnership is prohibited and void when:

����� (a) Either party to the domestic partnership had a partner or spouse living at the time of the domestic partnership unless the partner or spouse was the other party to the domestic partnership.

����� (b) The parties to the domestic partnership are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law. However, when the parties are first cousins by adoption only, the domestic partnership is not prohibited or void.

����� (2) When either party to a domestic partnership is incapable of making the civil contract or consenting to the contract for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, the domestic partnership is void from the time it is so declared by a judgment of a court having jurisdiction of the domestic partnership. [2007 c.99 �4; 2009 c.561 �2; 2015 c.629 �10]

����� Note: See note under 106.300.

����� 106.320 Form of declaration and certificate of domestic partnership. (1) The Oregon Health Authority shall prepare forms entitled:

����� (a) �Declaration of Domestic Partnership� meeting the requirements of ORS 106.325; and

����� (b) �Certificate of Registered Domestic Partnership.�

����� (2) The authority shall distribute the forms to each county clerk. The authority and each county clerk shall make the Declaration of Domestic Partnership forms available to the public. [2007 c.99 �5; 2009 c.595 �65b]

����� Note: See note under 106.300.

����� 106.325 Contents of declaration; filing with county clerk; registry; consent to circuit court jurisdiction. (1) Two individuals wishing to become partners in a domestic partnership may complete and file a Declaration of Domestic Partnership with the county clerk.

����� (2) In accordance with the requirements of this section, the county clerk shall register the Declaration of Domestic Partnership in a domestic partnership registry and return a copy of the registered form and a Certificate of Registered Domestic Partnership to the partners in person or at the mailing address provided by the partners.

����� (3) An individual who has filed a Declaration of Domestic Partnership may not file a new Declaration of Domestic Partnership or enter a marriage with someone other than the individual�s registered partner unless a judgment of dissolution or annulment of the most recent domestic partnership has been entered. This prohibition does not apply if the previous domestic partnership ended because one of the partners died.

����� (4) Each individual signing a Declaration of Domestic Partnership consents to the jurisdiction of the circuit courts of Oregon for the purpose of an action to obtain a judgment of dissolution or annulment of the domestic partnership, for legal separation of the partners in the domestic partnership or for any other proceeding related to the partners� rights and obligations, even if one or both partners cease to reside in, or to maintain a domicile in, this state. Notwithstanding ORS 107.086, a petition for dissolution or annulment of the domestic partnership, for legal separation of the partners in the domestic partnership or for any other proceeding related to the partners� rights and obligations may be filed in the county in which either the petitioner or respondent last resided.

����� (5) On the Declaration of Domestic Partnership, each individual who wants to become a partner in a domestic partnership shall:

����� (a) State that the individual is at least 18 years of age and is otherwise capable to enter into a domestic partnership at the time the individual signs the form;

����� (b) State whether the individual is a resident of Oregon;

����� (c) Provide a mailing address;

����� (d) State that the individual consents to the jurisdiction of the circuit courts of Oregon for the purpose of an action to obtain a judgment of dissolution or annulment of the domestic partnership or for legal separation of the partners in the domestic partnership, or for any other proceeding related to the partners� rights and obligations, even if one or both partners cease to reside in, or to maintain a domicile in, this state;

����� (e) Indicate the individual�s name after domestic partnership as provided in ORS 106.335;

����� (f) Sign the form with a declaration that representations made on the form are true, correct and contain no material omissions of fact to the best knowledge and belief of the individual; and

����� (g) Have a notary public acknowledge the individual�s signature.

����� (6) Both partners� signatures must be affixed to one Declaration of Domestic Partnership form. Filing an intentionally and materially false Declaration of Domestic Partnership is punishable as a misdemeanor.

����� (7) The county clerk may accept any reasonable proof of an individual�s age satisfactory to the clerk. The clerk may require proof of age by affidavit of some individual other than either of the parties seeking to file the Declaration of Domestic Partnership if the clerk deems it necessary in order to determine the age of the individual to the clerk�s satisfaction.

����� (8) The county clerk may not register a Declaration of Domestic Partnership or return a copy of the registered form and a Certificate of Registered Domestic Partnership to the partners until the provisions of this section, ORS 106.330 and all other legal requirements are complied with.

����� (9) Notwithstanding ORS 432.350 or any other provision of law, the registry of domestic partnerships maintained by a county clerk is a public record and subject to full disclosure. [2007 c.99 �6; 2009 c.561 �3]

����� Note: See note under 106.300.

����� 106.330 Registration fee. (1) In addition to any other fees provided by law, the county clerk shall collect a fee of $25 for registering a Declaration of Domestic Partnership.

����� (2) The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. [2007 c.99 �7; 2009 c.595 �65c; 2011 c.720 �56]

����� Note: See note under 106.300.

����� 106.335 Name upon entering into domestic partnership; legal effect. (1) Upon entering into a domestic partnership, either party to the domestic partnership may:

����� (a) Retain the party�s middle name, if any, and surname prior to the domestic partnership;

����� (b) Retain the party�s middle name, if any, and change the party�s surname to the surname of the other party;

����� (c) Either retain or remove the party�s middle name, if any, and change the party�s surname to one surname or a combination of surnames, or names within the surnames, of either or both parties, with or without a hyphen;

����� (d) Change the party�s middle name, if any, to the party�s surname at birth or prior to the domestic partnership; or

����� (e) Add to the party�s middle name, if any, the party�s surname at birth or prior to the domestic partnership and change the party�s surname to the surname of the other party.

����� (2) Each party must indicate on the Declaration of Domestic Partnership the party�s name after domestic partnership.

����� (3) The name of each party after domestic partnership as indicated on the Declaration of Domestic Partnership shall become the sole legal name of each party after domestic partnership. If a party indicates a name change other than as described in subsection (1) of this section, the party shall request approval of the court pursuant to ORS 33.410.

����� (4) As used in this section, �middle name� and �surname� mean a name that may consist of one or more different names. [2007 c.99 �8; 2009 c.561 �4; 2013 c.341 �3; 2015 c.425 �2]

����� Note: See note under 106.300.

����� 106.340 Certain privileges, immunities, rights, benefits and responsibilities granted or imposed. (1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is granted on equivalent terms, substantive and procedural, to an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

����� (2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is imposed on equivalent terms, substantive and procedural, on an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

����� (3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a partner with respect to a child of either of the partners.

����� (4) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a former or surviving spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a former or surviving partner with respect to a child of either of the partners.

����� (5) Many of the laws of this state are intertwined with federal law, and the Legislative Assembly recognizes that it does not have the jurisdiction to control federal laws or the privileges, immunities, rights, benefits and responsibilities related to federal laws.

����� (6) ORS 106.300 to 106.340 do not require the extension of any benefit under ORS chapter 238 or 238A, or under any other retirement, deferred compensation or other employee benefit plan.

����� (7) ORS 106.300 to 106.340 do not require the extension of any benefit under any employee benefit plan that is subject to federal regulation under the Employee Retirement Income Security Act of 1974.

����� (8) For purposes of administering Oregon tax laws, partners in a domestic partnership, surviving partners in a domestic partnership and the children of partners in a domestic partnership have the same privileges, immunities, rights, benefits and responsibilities as are granted to or imposed on spouses in a marriage, surviving spouses and their children. [2007 c.99 �9; 2023 c.20 �2]

����� Note: See note under 106.300.

SAME-SEX MARRIAGE

����� 106.345 Equivalency of privileges, immunities, rights, benefits and responsibilities. It is the policy of this state that:

����� (1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married to an individual of a different sex, is granted on equivalent terms, substantive and procedural, to an individual who is or was married to an individual of the same sex.

����� (2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married to an individual of a different sex, is imposed on equivalent terms, substantive and procedural, to an individual who is or was married to an individual of the same sex.

����� (3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a married individual with respect to a child of either of the individuals in the marriage is granted or imposed on equivalent terms, substantive and procedural, to all individuals in any marriage without regard to whether the individuals in the marriage are of different sex or of the same sex. [2016 c.46 �3]

����� Note: 106.345 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

PENALTIES

����� 106.990 Penalties. (1) Violation of ORS 106.041 (6) is a Class C misdemeanor.

����� (2) Violation of ORS 106.110 or 106.140 is a Class A misdemeanor.

����� (3) Refusal or neglect to comply with ORS 106.170 shall result in the forfeiture of a penalty of not less than $10 nor more than $50 to be recovered by action for every five days of such refusal or neglect. [Amended by 1953 c.143 �9; subsection (1) enacted as 1953 c.143 �5; 1981 c.152 �4; 1987 c.320 �16; 1999 c.776 �3; 2001 c.501 �7; 2007 c.703 �8; 2011 c.597 �160; 2017 c.466 �2]

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